Account International Experience Research Articles

Organization of the cross-border marketing center: functions, tasks and areas of activity

Organization of the cross-border marketing center: functions, tasks and areas of activity

THE PLACE OF ANIMALS IN THE SYSTEM OF PROPERTY RIGHTS

The article provides a general analysis of regulatory legal acts and scientific literature that consolidate the specifics of the legal regime of animals, including on the basis of an analysis conducted taking into account international experience. Topical issues of responsibility in the handling, use and maintenance of animals are considered. Special attention is also paid to the analysis of the place of animals in the system of objects of civil law. The issue of animal ownership is insufficiently developed and complex, and therefore legal conflicts often arise in society. The form of ownership from the "animal world" to the category of other animals has been clarified. In society, most owners forget that when dealing with animals, there is a moral principle enshrined in civil legislation, animals must be treated with great responsibility. Currently, numerous violations are allowed that cause great harm to animals. The authors raise the issue of the lack of a unified approach to the classification of animals in the current legislation and scientific literature. In the matter of defining the concept of animals, it is necessary to have a general understanding that the object of animal ownership is not an inanimate object. To regulate the legal status of animals in the Civil Code, their processing is being updated and modernized, changes are required to ensure its compliance with the needs of society. As well as amendments and additions to the national legislation, including taking into account the specific features associated with additional requirements for handling, use and keeping of animals, it is proposed to introduce a special chapter on objects of property rights into the Civil Code of the Republic of Kazakhstan.

Ensuring children’s online safety in Kazakhstan: balancing protection from harm with rights to information access

The relevance of scientific research is due to a number of problems that arise in the field of protecting children from the spread of harmful information on the Internet. An increase in the level of crimes against children of a sexual nature, a sharp jump in the level of suicides, the manifestation of various types of addiction, ranging from gambling and ending with drugs, is a consequence of such an influence. The purpose of this work is to study the current legislation of Kazakhstan in this area and to find gaps in its functioning, as well as to propose an effective mechanism for the legal regulation of protecting children from harmful information on the Internet, taking into account international legal experience. The basis of the methodological approach is the dialectical method, which was used to study the legal regulation in the sphere of the use of Internet resources by minors, the analysis method was used to study the legal acts in this area. The results of this study are a comparative analysis of the legal regulation of the protection of children from harmful content on the example of the legal experience of Australia, Britain, Germany in comparison with Kazakhstan. Also, the legislation on the protection of children from harmful information in Kazakhstan was analysed in detail and the main gaps in the existing acts were identified. The study outlines possible ways to develop national legislation through the adoption of new regulations, the purpose of which should be to increase control over the privacy of minors’ data, restrict and block content that explicitly contains scenes of a sexual nature or violence, restrict advertising content, restrict access to information depending on from age. Also, it is going about the creation of special departments to regulate and control the issue of harassment and bullying, namely the Special Commissioner for Cyberbullying. The results obtained in this study can be used to protect children and prevent illegal actions against minors online at the legislative and local levels

The role of the state in ensuring sustainable development of air transport in the post-war

The article examines the important role of the state in ensuring the sustainable development of air transport after the war. The influence of the state on various aspects of the aviation industry, including aviation safety, financial support for airlines, aircraft leasing fleet and infrastructure, is studied. The article discusses the need to modernize the state policy to influence the support and development of the aviation sector and create a favourable investment climate in Ukraine. It is important not only to restore the aviation industry after the war, but also to ensure its modernization and sustainable development, taking into account international experience and innovative approaches.

INTERNATIONAL LEGAL MECHANISM FOR ENSURING ENVIRONMENTAL SECURITY IN UKRAINE DURING THE CONDITIONS OF MARITAL STATE

The article highlights the results of the study of the problem of international legal guarantee of environmental safety in the conditions of the legal regime of martial law, which is extremely relevant for Ukraine. It is noted that the occurrence of threats and risks to human life and health, which often lead to a critical state of the environment, requires the search for optimal ways to eliminate their consequences in the event of environmental emergencies and their possible prevention. In this regard, a comprehensive state-legal mechanism, which provides for a number of measures and means aimed at supporting the provision of environmental safety, is of primary importance. It is primarily about the development and improvement of legislation in this field in the system of national security and defense, taking into account international experience. One of the most urgent issues regarding the negative impact is armed aggression, and there is precisely the impact on the environment during hostilities. Therefore, an integral direction of the adaptation of the legal system of Ukraine and the system of environmental protection supervision and control in the conditions of martial law is the improvement of the international legal mechanism for responding to environmental risks and threats, the possibility of their prevention through the involvement of international institutions in the ecological sphere of Ukraine.

ПІСЛЯВОЄННЕ ВІДНОВЛЕННЯ ТА ЗРОСТАННЯ ОБСЯГІВ БУДІВНИЦТВА АВТОМОБІЛЬНИХ ДОРІГ

The socio-economic development of a country and its integration into the global community largely depend on the level of road maintenance. The issue of road maintenance has become especially relevant and important during the period of martial law, since, for obvious reasons, roads are critical infrastructure facilities. Of course, the treatment of such facilities should be appropriate to their purpose. All of this requires research, assessment of the effects of the war on the condition of roads due to their destruction, and development of measures to improve the state of road construction. An important role is assigned to the resource base of road construction - first of all, the availability of bitumen and mineral fillers.
 The length of public roads in Ukraine is analyzed in comparison with the leading countries of the world. Positive trends in the market of road construction and repair related to the reform of the road sector are identified. The quality of roads and their saturation in comparison with other countries of the world is assessed.
 The problematic issues of domestic production and imports of bitumen are investigated. The article shows Ukraine's import dependence and lack of organic binder, as well as the practical absence of concrete road construction. The author analyzes the development and improvement of the regulatory framework for the design and construction of roads.
 Prospects for the implementation of the public-private partnership mechanism are shown, taking into account international experience The necessity of implementing the public-private partnership mechanism, in particular, through the concession mechanism, is substantiated. The regulatory framework needs to be updated to meet EU requirements and implement international standards. The implementation of these measures will help to increase the level of validity of operational and strategic management decisions to ensure the effective functioning and development of Ukrainian road sector enterprises.

INFORMATION SYSTEM FOR DIAGNOSTIC COMPETITIVENESS OF THE HOSPITALITY INDUSTRY OF THE REGIONS OF UKRAINE

The purpose of this article is to study the main problems and prospects of ensuring the competitiveness of the hospitality industry of the regions of Ukraine in modern conditions, taking into account international experience in the context of deepening integration ties. The work carried out a diagnosis of the level of competitiveness of the hospitality industry of the regions of Ukraine, based on the developed information system of indicators for assessing the conditions of the competitiveness of the hospitality industry of the region and the formed matrix of the competitiveness of the hospitality industry of the region. A comparison was made of the conditions for ensuring competitiveness, the level of competitive advantages and the level of competitiveness of the hospitality industry of the regions of the state in the pre-war period, as well as the diagnosis of the competitiveness of the hospitality industry of the regions of the state was carried out. The positions of the regions in the pre-war and war periods in terms of the level of competitiveness and availability of tourism potential were determined. A matrix for the selection of target indicators of the integration strategy of regions of Ukraine that have preserved their tourist potential is proposed. The results of the study revealed the main problems of ensuring the competitiveness of the hospitality industry in the regions of Ukraine, and highlighted the potential prospects of the studied processes taking into account the conditions of European integration.

The history of the study of mediation institutions in Kazakhstan

Relevance. Mediation is one of the most dynamically developing legal institutions in the modern world. Due to the fact that traditional methods of resolving disputes remain ineffective and do not always satisfy the parties with their results, the use of such an alternative method as mediation allows resolving the conflict at the pre-trial stage in a peaceful way. The need for a comprehensive implementation of the institution of mediation in the life of Kazakhstani society, as promising and necessary in modern conditions, determines the relevance of the study. The history of the study of mediation institutions has not been subjected to special scientific research. The coverage of the problems of the historical development of mediation in Kazakhstan from the court of biys to the modern institution of mediation is the scientific novelty of this article.Purpose. The purpose of the study is to study the history of the development of mediation institutions in Kazakhstan.Methodology. Various methods were used for the study, such as descriptive, comparative historical-critical, methods of analysis, synthesis, dialectical method of scientific knowledge.Results. In the course of the study, it was concluded that despite its apparent unconventionality and modernity, mediation has a long history and deep roots in Kazakh society. A function similar to mediation in the XVIII-XIX centuries was performed by the court of biys, forcibly liquidated by the imperial administration in the 2nd half of the XIX century.Conclusions. The establishment of a modern institution of mediation in Kazakhstan in 2011 should in part be considered a revival of old traditions. Most scientists dealing with this problem agree that mediation in Kazakhstan needs to be developed, as well as to expand its use in various fields, taking into account both international experience and the traditions and mentality of the Kazakh people.

Improving the institutional environment for pilot testing of innovative technologies in Russia and abroad

Aim. To propose scientifically substantiated approaches to improving and accelerating the development of the institutional environment of pilot testing of new technologies in Russia.Objectives. To analyze the current state and highlight the main problems of the experimental-industrial infrastructure of innovation activity in Russia and abroad; to present tools for improvement taking into account international experience and geopolitical challenges.Methods. The study uses the methods of analysis and synthesis of state programs to support the development of experimental-industrial infrastructure, the method of causal analysis of barriers to the formation of experimental-industrial infrastructure, as well as methods of tabular and graphical structuring and interpretation of data.Results. By analyzing the limiting factors of the development of pilot industrial infrastructure on the example of China, India and Western countries the general barriers inherent in these territories and specific barriers formed by geographical, political or cultural peculiarities are revealed. The analysis of tools for the development of pilot industrial infrastructure in Russia is presented, taking into account which the necessary measures of state support and its main beneficiaries are proposed and justified.Conclusions. In Russia in the last few years there has been a decrease in the number of research, design, engineering, design and survey organizations, pilot plants. The existing practice of functioning and development of experimental activities, weak dynamics of its development in the conditions of realization of the course on technological sovereignty in the country speak about the insufficient volume of state instruments of stimulation of experimental-industrial tests and development of experimental-industrial infrastructure. There is a need for a transition from the implementation of private initiatives to a systematic approach to the development of this activity with the involvement of the state, science, small and medium-sized businesses. In order to scale up the developed domestic practices and obtain tangible results for the economy, it is advisable to increase the financing of pilot industrial activities in comparable amounts with international practices.

Management tools for the public-private partnership model of construction enterprises

The article explores the mechanisms and challenges of applying public-private partnership (PPP) in strategic management of construction enterprises in Ukraine. It analyzes the impact of globalization and liberalization on the effectiveness of construction firms and seeks ways to optimize PPPs to ensure their adaptation to the changing market conditions. The article emphasizes the need to harmonize PPP practices with contemporary demands of sustainable development and to define a set of criteria that take into account economic, technical, organizational, and social aspects. Five main groups of criteria are proposed, aimed at improving PPP models and assessed through a wide range of indicators, including in line with the policy of the European Union. Expert interviews have been used to determine the relevance of the criteria, allowing for an objective assessment of the importance of each one. The essence of PPP as a tool for strategic management, providing a coordinated interaction between the state and private investors in the construction sector, is provided. The current state and prospects for the development of PPPs in Ukraine are analyzed, taking into account international experience and the specifics of the national market. The defined criteria and sub-criteria for innovative development should form the basis for creating an effective management model that considers all aspects of sustainable development and facilitates the implementation of strategic initiatives. The research results highlight the importance of technical-technological and organizational development as key elements of a successful PPP model. The proposed approaches and recommendations may serve as a foundation for improving the management of construction enterprises, including through the introduction of innovative technologies and management methods

Vitamin D deficiency and malignancies

The analysis of domestic and foreign literature shows that oncological diseases are most often accompanied by a low level of 25(OH)D in the blood serum of patients and a high prevalence of deficiency and severe deficiency of vitamin D. It can be confidently stated that the level of 25(OH)D in serum blood of oncological patients, on average, is lower than in healthy people of the corresponding sex and age. In this regard, statistical studies were carried out, which demonstrated the prevalence of vitamin D deficiency in the countries of Europe and North America, which is directly proportional to the level of annual mortality from cancer and the probability of death from cancer, any type of cardiovascular disease, diabetes and chronic respiratory diseases, and this relationship is statistically significant (p < 0.001). Oncological morbidity and mortality from cancer in the Russian Federation naturally increases especially in higher latitudes, which, along with other reasons, is associated with a limitation in the duration of the effective production of vitamin D3 in human skin under the influence of ultraviolet radiation. Some clinical studies of vitamin D supplementation as a therapeutic agent are showing measurable positive results in cancer, with far more positive than in placebo groups. However, negative results that are harmful to patients participating in clinical experiments have not been established in the study of many hundreds of studied articles on this issue. The most commonly seen beneficial effects of vitamin D supplementation have been in the treatment of breast and colorectal cancer, which are particularly noticeable in patients with low baseline serum levels of 25(OH)D and high daily doses of 25(OH)D3 supplementation well above standard recommendations of 400–800 IU daily. Due to the high prevalence of vitamin D deficiency among cancer patients, taking into account international positive experience, it seems very useful and necessary to create domestic scientific foundations and expand the clinical practice of using vitamin D supplements as a therapeutic agent for cancer.

Electronic evidence in criminal proceedings: problematic issues of theory and practice

The article summarises the scientific developments regarding the concept and essence of electronic evidence and provides the author’s own definition to the concept of “electronic (digital) evidence” in criminal proceedings; examines the regulatory framework for the use of electronic (digital) evidence in criminal proceedings; analyses the investigative and judicial practice and the practice of the Supreme Court regarding the admissibility of such evidence in criminal proceedings.
 It has been admitted that today the problem of regulating electronic (digital) evidence is relevant. The analysis of the Criminal Procedure Code of Ukraine makes it possible to understand that electronic (digital) evidence has almost no legal regulation, which negatively affects the quality and effectiveness of criminal proceedings. As a result, a number of legislative contradictions arise. Unlike other procedural laws (commercial, civil and administrative), criminal procedural legislation does not contain any provisions on electronic (digital) evidence. At the same time, there are positive trends at the legislative level to recognise the need to regulate electronic (digital) evidence in criminal proceedings.
 It has been determined that today there is no unified approach among scholars to understanding the concept, features and place of electronic evidence in the system of sources of evidence in criminal proceedings. It is proposed to use the term “electronic (digital) evidence” at the legislative level. This is substantiated by the fact that “electronic” indicates the type of device with which the evidence was created and stored, and “digital” refers to the type of recording the formation on the relevant device. 
 The analysis of investigative and judicial practice has highlighted the ambiguity in the understanding of law enforcement officers regarding the collection of electronic evidence. This issue was the subject for consideration by the judges of the Criminal Court of Cassation of the Supreme Court (in particular, the procedure for assessing electronic evidence and its admissibility was explained in the decision of the Joint Chamber of the Criminal Court of Cassation of the Supreme Court dated 29 March 2021 in case No. 554/5090/16-к).
 Taking into account international experience in collecting electronic (digital) evidence allows the use of the Berkeley Protocol in criminal proceedings in Ukraine, as it is actively used by the international community and is relevant in the context of russia’s armed aggression against Ukraine.

The Relevance of the Role of Mediation in the Resolution of Political Conflicts in Kazakhstan

This article discusses the relevance of using mediation in resolving political conflicts in Kazakhstan. The current state of mediation in the country is analyzed, taking into account the positive international experience, and the problems and prospects for its development are highlighted. Mediation can be an effective alternative to traditional legal and political processes in resolving conflicts and promoting peaceful coexistence. The main postulates of the article include an overview of the concept and principles of mediation, a discussion of the legal foundations of mediation in Kazakhstan, as well as an analysis of the practical application of mediation in conflict resolution, taking into account international experience. In conclusion, the article emphasizes the need for wider promotion and development of mediation as an effective tool for resolving political conflicts in Kazakhstan.

Effectiveness of administrative and legal mechanisms for the implementation of community police in EU countries: the case of Ukraine

The Community Policing model is an approach to public safety that focuses on collaboration between police and the community. This model has been implemented in many EU countries, and the objective of this study is to analyze their experience. The study used the formal-legal method, the comparative-legal method, the content analysis method and statistical observation. As a result of the research carried out, the main tools to introduce the concept of Community Policing in the United Kingdom, Netherlands, Denmark and France were characterized. It was established that these tools aim to engage the public in collaboration, education and instruction of law enforcement personnel, providing guidance and consultation to citizens, as well as analysis and deterrence of criminal activities. Various forms of police interaction with the public in the United Kingdom are examined and the official website of the country's police service is characterized as a good example of an electronic platform for interaction with citizens. The results of the study can be applied by law enforcement agencies to optimize the implementation of the Community Policing concept, taking into account international experience. Future research may highlight the specific forms of, in particular, the Neighborhood Watch Network and the Home Watch Network.

Цифровизация: роль в развитии политической системы России

This article scrutinizes the role of digitalization in the development of Russia’s administrative and political sys-tems as part of the digitalization policy that aims to create the foundations of a digital government and the digi-talization policy to rapidly introduce digital-based working methods and management of administrative re-sources in all government services for the period 2018–2024. This policy is part of the implementation of the national project “Digital Economy of the Russian Federation”, which aims to formulate and build a suitable na-tional policy in a world of growing digital competition, taking into account international experience. The suc-cessful realization of this program hinges primarily on a lucid and uncomplicated articulation of the strategic objectives of the socio-political development model that Russian society has opted for. This should be rooted in a profound understanding of the state’s duties and functions within the digital policy framework.

Perspektivy vnedreniya antimonopol'nogo komplaensa v pravo EAES

The article analyzes the legislation of France, Great Britain, Germany and the USA in terms of the presence or absence of normative regulation of the institution of antitrust compliance for government agencies and business entities. The article also assesses the positive and negative effects of antimonopoly compliance in the EAEU member states. The authors formulated proposals for the introduction of antimonopoly compliance in the EAEU member states and at the interstate level, taking into account international experience.

Prospective analysis of the implementation of the “green” economy in the agricultural sector of Ukraine for the next 10 years

The realities of modern economic development require significant changes in the existing economic system and a transition to a fundamentally new model based on the basic approaches of sustainable development. According to the world’s scientists, one of the best options for ensuring this change is the concept of a “green” economy. The relevance of the topic of green economy development is based on its potential to solve urgent environmental problems and promote sustainable development that meets the needs of society and the international community. The purpose of the article is to assess the prospects of the agricultural sector of Ukraine’s economy within the framework of the transformation strategy based on the principles of the green economy. This takes into account a whole range of factors in which agricultural enterprises exist and develop, as well as the conditions that have developed in connection with military aggression in the country. To achieve this goal, the following methods were used: system-structural analysis, method of analysis, synthesis, method of generalization, methods of deduction and induction, and methodology of modified, improved SWOT analysis. A number of factors influencing the investment and innovation processes at agricultural enterprises are identified, including external threats and opportunities and internal strengths and weaknesses. The study also summarizes the aspects of the transition from the concepts of “sustainable” development to the concept of “greening” the economy, taking into account international experience, and the inclusion of Ukraine in the list of countries that ensure the fight against climate change and harmful emissions. The conclusions obtained about the prospects of investment projects in the agricultural sector, namely investment and innovation projects of agricultural enterprises characterized by a high level of attractiveness for investors in terms of the directional vector of development, confirm the relevance of implementing the concept of a green economy in the agricultural sector of Ukraine. The use of such an assessment methodology in practice will make it possible to select and analyse promising areas of project financing and investment, as well as to adjust the development strategies of Ukrainian agricultural enterprises

IMPROVEMENT OF THE SYSTEM OF STRATEGIC PLANNING OF THE SOCIO-ECONOMIC DEVELOPMENT OF TERRITORIAL COMMUNITIES

The article reveals the main content of strategic planning of socio­economic development of territorial communities as an important tool for improving the quality of life of the population. It was revealed that the concept of «strategic planning of socio­economic development of territorial communities» can acquire different meanings, on the one hand as a process of sequential implementation of interconnected stages with the aim of achieving a predetermined socio­economic effect, on the other hand as a set of decisions taken by territorial bodies within the framework of defined strategies. It was found that the socio­economic development of territorial communities is a priority in the totality of state interests, as it contributes to various aspects of the country’s life. It was revealed that the reform of the territorial organization of power in 2020 was marked by the creation of 1,470 capable territorial communities in which positive processes of governance restructuring were developing, but the full­scale war significantly corrected them, directing them in the direction of security and survival. The destruction of infrastructure, the closure of a significant number of enterprises, and the forced migration of the population became a test of the capacity and stability of communities. The relevance of the development of programs for the recovery of the local economy in war conditions and community development programs in the post­war period is substantiated. In order to ensure the successful implementation of community development strategies, it is proposed to take into account international experience, the best domestic practices of territorial development, and to use such a tool as grant opportunities in the field of restoration and development of territorial communities. , which includes taking into account the needs and interests of the population, efficient use of resources, coordination between different levels of government and stakeholders.

International experience of drug correction of vitamin D level depending on its initial level in blood serum and the age of the patient (review and mathematical analysis)

Vitamin D deficiency is a global public health problem and poses a particular threat to the elderly and those with comorbidities such as obesity, diabetes, hypertension, respiratory disease, recurrent infections, immunodeficiency, and patients infected with SARS-CoV-2. D-avitaminosis is extremely common among pregnant women and has a huge impact not only on the health of the mother, but also on the health of the child throughout his later life. There is an inverse correlation between human serum 25(OH)D levels and incidence of twelve types of cancer, with prevalence of myocardial dysfunction, mortality due to heart failure, and sudden cardiac death. In this paper, an analysis of documents regulating the procedure for increasing the level of vitamin D for therapeutic purposes was carried out. It is shown that many documents are replete with contradictions and need to be corrected. Uncertainty in research results, recommendations and guidelines leads to wide variability in the knowledge, attitudes and behavior of doctors, which translates into an equally wide variability in doctors’ advice to patients on types of supplements, dosage, frequency and duration of vitamin D intake. In this regard, based on the results of numerous clinical experiments on increasing the level of 25(OH)D in the blood serum of residents of Europe, the USA and Canada, we have obtained multiple correlation equations that describe the relationship between the level of the required daily dosage of cholecalciferol and calcifediol supplements with the patient’s age, the initial level of calcifediol in the blood serum, the required value of its increase and duration of taking the drug, which can be used by practitioners when choosing a daily dosage of a vitamin for each patient, taking into account international experience. The results of multiple correlations in the authors’ studies, largely echoing some of the results of studies by foreign scientists, suggest the possibility of revising the currently existing stereotypes about the usage of higher daily doses of vitamin D to increase the level of calcifediol concentration in the blood serum of elderly patients, compared to younger ones.

Peculiarities of some law enforcement agencies’s activities: national and foreign experience

It has been determined that the MIA system reform is aimed at improving and optimising its structure, organising activities with a view to combating crime and corruption, timely detection of collaboration and prevention of threats to Ukraine’s external and internal security, and improving the level of protection of citizens' rights and freedoms and prevention of offences. The goal of this process is to complete the transformation of the MIA system into a law enforcement agency that meets modern European requirements. The peculiarities and current trends in the development of law enforcement systems of the European Union, the USA and Japan in terms of measures aimed at ensuring the proper state of public security and public order have been studied. The principles of municipal police units functioning in Germany, the UK, the USA and Japan have been considered.
 An analysis of the National Police and other law enforcement agencies of the Ministry of Internal Affairs of Ukraine has been carried out, and the peculiarities and current trends in the development of law enforcement systems of foreign countries with regard to measures aimed at ensuring the proper state of public security and public order have been studied. The means of interaction between the police and local executive authorities, local self-government, public organisations and the public have been considered.
 Taking into account international experience, the author makes proposals for improving the main areas of activity of law enforcement agencies of the MIA of Ukraine. It has been suggested to consider the possibility of reviving the functioning of municipal (local) police units in Ukraine, which should assist regional police units in solving the tasks of public order protection and combating offences. In this regard, it is appropriate to use the experience of municipal police in Germany, the UK, the USA and Japan, as well as in Ukraine.